Lawyer.exe | Trial by AI
438 posts

Lawyer.exe | Trial by AI
@litigationai
Trial attorney. Helping you use AI in real cases. Reporting back honestly. Follow and supercharge your lit workflow. NOT LEGAL ADVICE.
AI Megapolis 가입일 Nisan 2026
178 팔로잉84 팔로워
고정된 트윗

Law schools are adding AI courses. The California Bar is proposing AI competence requirements in the ethics rules with disciplinary teeth. Courts are sanctioning attorneys who don't verify output. The profession is coming at this from three directions at once. It's a structural problem worth recognizing.
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ABA Formal Opinion 512 says AI literacy is competence under Rule 1.1. California is writing that into its ethics rules with disciplinary teeth. Florida just enacted a certification requirement effective June 15. The profession had three years of advisory opinions and sanctions warnings. Now the rules themselves are changing. The attorneys who treated this as a theoretical ethics question are about to find out it isn't.
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@TwistNH7 The lawyers "risk sanctions and problems like that" part. Not the "actively harming lawyers" part. The lawyers harmed by AI are doing it to themselves.
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Lawyer.exe | Trial by AI 리트윗함

83% of attorneys now have access to AI tools. 22% trust them enough to rely on output without heavy verification. That 61-point gap is the legal profession's actual AI problem, and nobody selling a $50/month subscription is closing it. They sell access to the model. The workflow knowledge, the verification habits, the understanding of where AI fails in legal contexts—none of that ships with the product.
The gap closes one of two ways: attorneys build competence through actual use and honest feedback loops, or they get sanctioned into it. The profession is currently doing both simultaneously.
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At this point, I don't think it's controversial to say that lawyers SHOULD be using AI. The ones that don't will almost certainly be left behind as the AI revolution continues. However, the big problem as illustrated by the post is that using it requires being responsible. Unfortunately, that seems to be beyond a lot of lawyers.
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@litigationai Lawyers who use ai are playing w fire and I would not recommend any of them do it
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@SplinteredEsq True. Which I've never understood. But this isn't even an AI thing. I meet lawyers every day who do the bare minimum. I'm like bro, why did you even get into this profession? 🤣
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@litigationai No, but the problem is is you don’t need to sell that knowledge gap you can get it for free the problem is the lawyers are lazy as fuck. Don’t want it.
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@litigationai Yeah, the advancement of technology can make you learn a lot within seconds, but having practical experience is actually the best way to have a full understanding of certain areas of law.
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@AMandoSch I blame everything on AI. No client response? AI response bot didn't do it. Mail didn't get sent out? AI mail bot didn't do it. Missed a deadline? AI calendar bot screwed up. I'm starting to get a lot of pissed off clients and judges though...
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Lawyer.exe | Trial by AI 리트윗함

California's proposed amendments to Rules 5.1 and 5.3 are the ones that should concern law firm management. The amendments would require supervising attorneys to ensure that associates and staff using AI tools are doing so in compliance with the rules. A partner who signs a brief isn't insulated because an associate ran it through AI and didn't verify the output. The supervision duty extends to the AI workflow, not just the final work product.
Existing supervisory responsibility applied to a new context. Codifying it means "I trusted the associate" stops being a complete answer.
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@RobertFreundLaw Let's hope every jurisdiction catches up. Equal opportunity sanctions for all, lawyer and pro se alike!
GIF
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This might be the biggest sanction yet against a pro se litigant who misused AI:
The appellant, representing herself, filed an appellate brief that "include[d] fictitious cases generated by artificial intelligence, which prevent this Court from engaging in meaningful review."
Court dismissed the appeal on that basis and because of other court rule violations, and "given the frivolousness of the appeal," awarded the other party "$10,000 in damages."
As to the fake cases, the appellant's "citations present a much more serious and fundamental issue than poor briefing; citing nonexistent caselaw constitutes making a false statement to this Court."
"There is no excuse for citing to fictitious caselaw generated by A.I. in an appellate brief."
"Boatner’s submission of fictitious cases constitutes an abuse of the judicial system and represents a flagrant violation of the duties of candor owed to this Court by parties, including pro se litigants."
"The utilization of A.I. does not excuse a party’s responsibility of confirming the existence of the cases cited in support of his or her arguments. Boatner, just like any party before this Court, has an ethical duty to demonstrate candor."

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Lawyer.exe | Trial by AI 리트윗함

California just proposed the first AI-specific amendments to its Rules of Professional Conduct. Rules 1.1, 1.4, 1.6, 3.3, 5.1, and 5.3—competence, communication, confidentiality, candor toward the tribunal, and supervisory responsibility—all touched. For the first time, these obligations would carry disciplinary authority instead of being advisory ethics opinions.
The proposed language on competence: attorneys must "independently review, verify and exercise professional judgment regarding any output generated by the technology that is used in connection with representing a client.” Other states will follow.
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Lawyer.exe | Trial by AI 리트윗함

I also have a skill that does this and more. In my work, it spits out almost perfect argument outlines every single time:
litigationai.substack.com/p/from-brief-t…
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